Former Kibra MP Ken Okoth's 'second wife' has sued to stop his burial or cremation on grounds she has been excluded.

A Nairobi court on Thursday issued orders stopping the cremation until the case filed by Ann Muthoni in court is heard.

The court also stopped burial until the case is heard and determined. Ann Thumbi sued on behalf of her son, whom she says is Okoth's.

Through lawyer Elkana Mogaka Thumbi, Muthoni sued Okoth's mum Angeline Okoth and wife Monica Okoth along with Lee funeral home.

"The mother and wife have deliberately and unfortunately excluded me from the funeral and burial arrangements of Okoth," the petition reads.

Muthoni said she only learnt of the arrangements from the media.

According to Muthoni, the family has unilaterally decided to have the body cremated "among other reasons to primarily destroy any evidence of her son's lineage to Okoth".

The order stopping the burial and cremation was issued by Senior Principal Magistrate GA Mmasi.

The case will be heard on August 9.

ODM leader Raila Odinga had said the body will be handled the same way former presidential candidate Kenneth Matiba's was handled, ODM leader Raila Odinga has said.

During a press briefing to notify Kenyans on the plans on Wednesday, Raila said that after the prayer service and public body viewing on Saturday at Got-Rateng' Secondary School in Kabondo-Kasipul, "the body will be handed to the family for disposal."

He added that the body will be handled "in the same way as that of Kenneth Matiba."

The body of former presidential candidate Kenneth Matiba was cremated at a private function in line with his wishes.

Okoth's family is entangled in a tussle over whether to cremate or bury the body.

His wife is for cremation, saying he verbally communicated his wishes as such.

However, Okoth's mother, Angelina, was against the idea and has threatened to boycott the process if cremation is chosen.

A memorial service was on Wednesday held for former Okoth at Starehe Boys Centre.

Okoth succumbed to late-diagnosed colorectal cancer on Friday last week at the Nairobi Hospital.